From Principles to Populism: Sentencing in England and Wales

The creation of sentencing councils and the introduction of guidelines have made sentencing in the United Kingdom more transparent, predictable, and democratic. The systems in England and Wales, Scotland, and Northern Ireland share common elements, but important differences exist. Those in England and Wales are the most comprehensive. They are largely descriptive, reproducing rather than changing judicial practice, and have failed to prevent three problems: increases in sentence severity, prison overcrowding, and political interference. Prison sentence lengths have increased significantly and use of community orders has declined. Politics in England and Wales and Scotland continue to shape policy and sentencing practice. The government in England and Wales in 2025 commissioned a review of sentencing and introduced legislation to implement proposed changes, including creation of a statutory presumption against imposition of short prison sentences. Under the 2026 legislation, courts will, with some limited exceptions, have to find that “exceptional circumstances” exist before imposing a prison sentence of 12 months or less.